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ARCHITECTS AND EOINEERS PROGRAM ENDORSOENT <br />THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. <br />INSURED: Vandorpe Chou Associates, Inc. Fidelity & Guarantee Ins Co <br />POLICY NUMBER: BKO1510223 <br />POLICY PERIOD: 07/01/03 to 07/01/04 <br />ADDITIONAL INSURED: City of Santa Ana, and its officers, agents, employees <br />& volunteers <br />This endorsement modifies insurance provided under the following: <br />BUSINESSOWNERS POLICY b. `Bodily injury", "property damage", "personal <br />injury', or "advertising injury" which is not caused in <br />Additional Insured: whole or in part by the negligent acts or omissions of <br />anyone directly or indirectly employed by a Named <br />The following is added to paragraph 2. of Insured or for whose acts a Named Insured may be <br />Section II. — WHO IS AN INSURED: liable. <br />I. If you are required to add another person <br />or organization as an insured under this <br />policy by a written work contract or <br />agreement which is in effect during the <br />policy period and a certificate of <br />insurance has been issued listing that <br />person or organization as an Additional <br />Insured, that person or organization is an <br />insured. Such person or organization is <br />referred to in this Coverage Part as an <br />Additional Insured. <br />The following paragraph is added to Section I — <br />COVERAGE: <br />E. Additional Insured Exclusions <br />1. In addition to the other exclusions applicable to <br />COVERAGES A., B. and C., the insurance provided <br />to an Additional Insured does not apply to: <br />a. "Property damage" to: <br />1) Property owned, occupied or used by the <br />Additional Insured; <br />2) Property rented, leased or loaned to, in the care, <br />custody or control of, of over which physical control <br />is being exercised for any purpose by the Additional <br />Insured; or <br />3) "Your work" performed for the Additional <br />Insured. <br />APFi OVED AS TO FORM <br />La"ura She,JV <br />Deputy City Attorney <br />The following additional provision applies: <br />SECTION IV.5 Other Insurance is replaced by the <br />following: <br />5. Other Insurance <br />The insurance afforded by this Coverage Part is <br />primary insurance and we will not seek <br />contribution from any other insurance available <br />to the insured unless the other insurance is <br />provided by a contractor. Then we will share <br />with that other insurance by the method <br />described below. <br />If all of the other insurance permits <br />contribution by equal shares, we will follow this <br />method also. Under this approach, each insurer <br />contributes equal amounts until it has paid its <br />applicable limit of insurance or none of the loss <br />remains, whichever comes fast. <br />If any of the other insurance does not permit <br />contribution by equal shares, we will contribute <br />by limits. Under this method, each insurer's <br />share is based on the ratio of its applicable limit <br />of insurance to the total applicable limits of <br />insurance of all insurers. <br />Countersigned by Authorized Representative <br />CLBF 21 8104 01 Abbreviated <br />Printed in U.S.A. <br />